85498 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T1199–0137 to read as 

follows: 

§ 100.T1199–0137 2023 Lake Havasu City 

Christmas Parade of Lights, Lake Havasu, 

Arizona. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

All waters of Lake Havasu, from surface 

to bottom, on a predetermined parade 

route starting in Thompson Bay, 

proceeding north through the 

Bridgewater Channel, turning around in 

North Lake Havasu, proceeding south 

back through the Bridgewater Channel, 

and returning to the starting point of the 

parade in Thompson Bay. 

(b) Definitions. As used in this 

section— 

Designated representative means a 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and 

local officer designated by or assisting 

the Captain of the Port Sector San Diego 

(COTP) in the enforcement of the 

regulations in this section. 

Participant means all persons and 

vessels registered with the event 

sponsor as participants in the parade. 

(c) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector San Diego or their 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by calling (619) 278– 

7000. Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the designated representative. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via local notice to mariners. 

(d) Enforcement period. This section 

will be enforced from 5 p.m. to 9 p.m. 

on December 9, 2023. 

J.W. Spitler, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. 2023–27038 Filed 12–7–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2023–0842] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, 

Addison Point, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

the existing drawbridge operation 

regulation for the John F. Kennedy 

Space Center Bridge (NASA Causeway), 

across the Atlantic Intracoastal 

Waterway (Indian River), mile 885, at 

Addison Point, FL. The drawbridge was 

replaced with a fixed bridge in 2023 and 

the operating regulation is no longer 

applicable or necessary. 

DATES: This rule is effective December 8, 

2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number (USCG–2023–0842) in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Leonard Newsom, Coast 

Guard; telephone 305–415–6946, email 

Leonard.D.Newsom@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

NPRM Notice of Proposed Rulemaking 

(Advance, Supplemental) 

§ Section 

U.S.C. United States Code 

FL Florida 

AICW Atlantic Intracoastal Waterway 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this final 

rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b), the Coast Guard finds that good 

cause exists for not publishing a notice 

of proposed rulemaking (NPRM) with 

respect to this rule because it is 

unnecessary. The John F. Kennedy 

Space Center Bridge, that once required 

the draw operations in 33 CFR 

117.261(l), was removed from the 

Atlantic Intracoastal Waterway (Indian 

River) and replaced with a fixed bridge 

in 2023. Therefore, the regulation is no 

longer applicable and shall be removed 

from publication. It is unnecessary to 

publish an NPRM because this 

regulatory action does not purport to 

place any restrictions on mariners but 

rather removes a restriction that has no 

use or value because the new bridge 

does not open. 

We are issuing this rule under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making this 

rule effective in less than 30 days after 

publication in the Federal Register. The 

bridge has been removed from the 

waterway and this rule merely requires 

an administrative change to the Federal 

Register, in order to omit a regulatory 

requirement that is no longer applicable 

or necessary. The modification has 

already taken place and the removal of 

the regulation will not affect mariners 

currently operating on this waterway. 

Therefore, a delayed effective date is 

unnecessary. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. 

The John F. Kennedy Space Center 

bridge was removed and replaced with 

a fixed bridge in 2023. The elimination 

of this drawbridge necessitates the 

removal of the drawbridge operation 

regulation, 33 CFR 117.261(l), that 

pertain to the former drawbridge. 

The purpose of this rule is to remove 

the paragraph of 33 CFR 117.261(l) that 

refers to the John F. Kennedy Space 

Center Bridge, across the Atlantic 

Intracoastal Waterway (Indian River) at 

mile 885, from the Code of Federal 

Regulations since it governs a bridge 

that is no longer able to be opened. 

IV. Discussion of Final Rule 

The Coast Guard is changing the 

regulation in 33 CFR 117.261 by 

removing restrictions and the regulatory 

burden related to draw operations for a 

bridge that is no longer a drawbridge. 

The change removes § 117.261(l) of the 

regulation governing the John F. 

Kennedy Space Center Bridge since the 

bridge has been removed from the 

waterway and replaced with a fixed 

bridge. This final rule seeks to update 

the CFR by removing language that 

governs the operation of the John F. 


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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85499 

Kennedy Space Center Bridge. This 

change does not affect waterway or land 

traffic. This change does not affect, nor 

does it alter the operating schedules in 

33 CFR 117.261 that govern the 

remaining active drawbridges on the 

Atlantic Intracoastal Waterway from St. 

Marys River to Key Largo. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive Orders. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This proposed rule has not been 

designated a ‘‘significant regulatory 

action,’’ under section 3(f) of Executive 

Order 12866, as amended by Executive 

Order 14094 (Modernizing Regulatory 

Review). This rule has not been 

designated a ‘‘significant regulatory 

action,’’ under Executive Order 12866. 

Accordingly, it has not been reviewed 

by the Office of Management and 

Budget (OMB). 

This regulatory action determination 

is based on the fact that the bridge was 

replaced and no longer operates as a 

drawbridge. The removal of the 

operating schedule from 33 CFR 117 

Subpart B will have no effect on the 

movement of waterway or land traffic. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the bridge 

may be small entities, for the reasons 

stated in section V.A above this final 

rule would not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

D. Federalism and Indian Tribal 

Government 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

Tribes, on the relationship between the 

Federal Government and Indian Tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f). The Coast Guard has determined 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table 3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 00170.1. Revision No. 01.3. 

§ 117.261 [Amended] 

■ 2. Amend § 117.261 by removing and 

reserving paragraph (l). 

Dated: December 5, 2023. 

Douglas M. Schofield, 

Rear Admiral, U.S. Coast Guard, Commander, 

Coast Guard Seventh District. 

[FR Doc. 2023–26986 Filed 12–7–23; 8:45 am] 

BILLING CODE 9110–04–P 


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